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mashtates

Leaving close to expiry date - was this a bad idea?

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Filed: K-1 Visa Country: Canada
Timeline

My K1 visa was approved and issued May 10, 2022 with an expiry date of October 27, 2022. This made sense to me as my medical exam was April 27 and normally your visa expiry date is 6 months from the medical.

 

Unlike many others in my interview month cohort, I planned on entering the US and “activating” the visa much later, for several reasons:

-The interview was selected for me by the consulate and much earlier than I had expected

-Wanting to save up some more money before quitting my job

-Having to finish some financial affairs and selling things

-Visiting elderly grandparents who live across the country 

 

My flight to the US is booked for September 27 and my understanding is that this would be okay as my visa expiry isn’t until October 27.
However, I’ve recently become paranoid that maybe this was a mistake to wait so long and I’ll encounter trouble at POE. I recently read a thread about a woman who was denied entry at POE by an uneducated customs officer because her I-129f PETITION was expired (mine expired May 20). 

Or, I’m worried that having waited too long to leave will cause more scrutiny by the customs officers somehow. 
 

My questions 1) has anyone else entered the US close to the expiry date? Did you have any issues?

2) should I be worried about having an expired I-129f petition, even though it has nothing to do with the visa expiry date, customs officers might get confused? 
 

thank you! 

Edited by mashtates
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Filed: Citizen (apr) Country: Taiwan
Timeline
11 minutes ago, mashtates said:

My flight to the US is booked for September 27 and my understanding is that this would be okay as my visa expiry isn’t until October 27.
However, I’ve recently become paranoid that maybe this was a mistake to wait so long and I’ll encounter trouble at POE. I recently read a thread about a woman who was denied entry at POE by an uneducated customs officer because her I-129f PETITION was expired (mine expired May 20). 

That thread is 7 years old.  You can enter the US up to the expiration day printed on the VISA.  No need to worry.

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Filed: F-2A Visa Country: Nepal
Timeline

With lengthy K1 interview delays  these days, if one sticks by 4 months validity from uscis approval date while ignoring the visa validity, nobody would be allowed into the US on K1 even if they travel the same day after getting the visa in hand. 
 

How far was your interview from the i129f approval date. If it's more than 4 months and you happen to encounter such misinformed CBPs, you would face same issue whether you enter the US on May 11 or Oct 27. So don't worry about such.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: K-1 Visa Country: Canada
Timeline
2 hours ago, arken said:

With lengthy K1 interview delays  these days, if one sticks by 4 months validity from uscis approval date while ignoring the visa validity, nobody would be allowed into the US on K1 even if they travel the same day after getting the visa in hand. 
 

How far was your interview from the i129f approval date. If it's more than 4 months and you happen to encounter such misinformed CBPs, you would face same issue whether you enter the US on May 11 or Oct 27. So don't worry about such.

My I-129f was approved January 20, 2022 and when I received the copy of the approved petition in the mail I saw the expiry date was May 20, 2022. My interview was May 4 and didn’t didn’t get the visa in hand until May 10, which would have left only ten days to leave the country if an officer decided to unfairly uphold the valid petition thing. However, I’ve also seen the consulate sometimes extends the petition for another four months at the interview and it used to be annotated on the visa in the passport along with the visa expiry date, causing customs officers to be confused. But by now it’s over four months past the interview anyway for me, so my petition is definitely expired by now. 

Edited by mashtates
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Filed: Citizen (apr) Country: Australia
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17 minutes ago, mashtates said:

My I-129f was approved January 20, 2022 and when I received the copy of the approved petition in the mail I saw the expiry date was May 20, 2022. My interview was May 4 and didn’t didn’t get the visa in hand until May 10, which would have left only ten days to leave the country if an officer decided to unfairly uphold the valid petition thing. However, I’ve also seen the consulate sometimes extends the petition for another four months at the interview and it used to be annotated on the visa in the passport along with the visa expiry date, causing customs officers to be confused. But by now it’s over four months past the interview anyway for me, so my petition is definitely expired by now. 

I129f petition expiry date is of no consequence once you have the K1 visa in your passport   You can enter the US on your K1 visa up to its expiry date. The risk you take leaving it too close to the expiry date is if unforeseen, out of your control,  delays occur and you have no time to accommodate the need ….. to take a later flight, ….. reroute because of flight changes ,….  get grounded because of COVID….. etc etc etc 

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Filed: F-2A Visa Country: Nepal
Timeline
33 minutes ago, mashtates said:

I’ve also seen the consulate sometimes extends the petition for another four months at the interview

The extension of the petition is for issuing the visa in the cases where the interview doesn't occur within 4 months. It is not related to travel after getting the visa. Like i said sometimes there could be misinformed agents giving hard time but that's not in your control.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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  • 3 weeks later...
Filed: K-1 Visa Country: Canada
Timeline

As promised: an update. I made it through POE at the airport with no questions asked. I hope this brings some reassurance to people worried about leaving close to expiry.

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